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(영문) 전주지방법원 2014.07.10 2013고단1837

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 2013, the Defendant held a preliminary presentation for overseas training to the victim C, D, E, F, G, H, and I within the office of the Hask Chang-gun, the Hask Chang-gun, the Haskn Chang-gun, the Hask-gun, the Defendant held a false presentation for overseas training, stating, “In order to travel the U.S. Western area, such as the U.S. sandbox, LA, LA, and Liber Gas, to a six-eight-day-day-day-day-day-day-day-day-day-long travel, the Defendant would be responsible for the travel expenses and the amount of KRW 26,121,00 in total, and will be able to complete the training schedule while leaving the U.S. along with the training period.”

However, the defendant did not have the intention or ability to use the travel expenses because he did not receive the money from the victims even if he received the money from the victims.

The defendant, under the pretext of travel expenses and operating expenses from victims, KRW 10,269,60 on the 15th of the same month, KRW 1,711,600 on the 17th of the same month, and the same year.

5. 10.10,457,00 won, the sum of KRW 3,182,800 on October 21 of the same month, and KRW 26,341,90 on July 22 of the same month, which was deposited in the passbook of the Defendant’s National Bank (Account Number: J).

Accordingly, the defendant deceivings victims to take the property by deceiving them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Each investigation report and evidential materials attached thereto;

1. Application of Acts and subordinate statutes to the head of a complaint, notification of permission for overseas travel for official duties, estimates of charges, and conditions of overseas travel, details of deposit of damaged money, details of deposit and withdrawal, and details of payment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62(1) of the Criminal Act (The circumstances favorable to the defendant, such as the fact that the defendant led to the confession of the crime in this case and the fact that the defendant agreed smoothly with the victims, etc.).